South Carolina votes to ban Obamacare in the state

The state legislature in South Carolina has fast tracked a bill that will ban the ACA in the state. It is expected to be signed before the first of the year. According to lawyers the way this is written it will be legal. Thoughts?

"This provision, according to Davis, comes from the anti-commandeering doctrine established in case law that says feds can’t compel states to enforce federal laws.

What the Supreme Court said in Printz v. United States is that states are not merely political subdivisions of the federal government to carry out what the federal government does; they are sovereign entities,” Davis said. “Congress can pass laws, but it cannot compel the states to utilize either their treasury or personnel to implement those federal laws.

Additional provisions of H3101 further neuter the Affordable Care Act by outlawing state exchanges, issuing tax deductions to individuals equal to the tax penalties levied by the federal government, and directing the state attorney general to sue over whimsical enforcement of the law. Taken together, the provisions effectively repeal the federal law for the people of South Carolina."

Will be interesting to see if this is truly legal, if so other states will surely follow. Not to mention other states like Vermont that wants to go a different way (single payer) would be able to as well. @Upsettion I believe you are a lawyer, do you think this will hold?

Will be interesting to see if this is truly legal, if so other states will surely follow. Not to mention other states like Vermont that wants to go a different way (single payer) would be able to as well. I believe you are a lawyer, do you think this will hold?

No chance, zero, I read the text of the law, on its face its an attempt to nullify federal law and obviously a federal law which has been upheld. "RENDER NULL AND VOID CERTAIN UNCONSTITUTIONAL LAWS ENACTED BY THE CONGRESS OF THE UNITED STATES"

The only thing that would pass muster would be a law which said, "The State of South Carolina will have nothing to do with it"

No chance, zero, I read the text of the law, on its face its an attempt to nullify federal law and obviously a federal law which has been upheld. "RENDER NULL AND VOID CERTAIN UNCONSTITUTIONAL LAWS ENACTED BY THE CONGRESS OF THE UNITED STATES"

The only thing that would pass muster would be a law which said, "The State of South Carolina will have nothing to do with it"

THAT they can refrain from doing, but nullifying Federal law? No...

Isn't that what its trying to do? From what I understand they are just saying the govt of South Carolina doesn't have to do anything to abide by federal law.

"The proposed legislation gives the Attorney General of South Carolina powers to prevent agencies and employees of the state from aiding any agency or employee that enforces or attempts to enforce the PPACA. This bill empowers the Attorney General to sue such businesses or employees whenever he has reasonable grounds to believe those businesses or employees are causing harm to people or businesses by assisting in the implementation of Obamacare. The Attorney General can also apply for an injunction to stop such implementation."

If signed I wonder if it will need to be taken up again by higher courts.

The state legislature in South Carolina has fast tracked a bill that will ban the ACA in the state. It is expected to be signed before the first of the year. According to lawyers the way this is written it will be legal. Thoughts?

"This provision, according to Davis, comes from the anti-commandeering doctrine established in case law that says feds can’t compel states to enforce federal laws.

What the Supreme Court said in Printz v. United States is that states are not merely political subdivisions of the federal government to carry out what the federal government does; they are sovereign entities,” Davis said. “Congress can pass laws, but it cannot compel the states to utilize either their treasury or personnel to implement those federal laws.

Additional provisions of H3101 further neuter the Affordable Care Act by outlawing state exchanges, issuing tax deductions to individuals equal to the tax penalties levied by the federal government, and directing the state attorney general to sue over whimsical enforcement of the law. Taken together, the provisions effectively repeal the federal law for the people of South Carolina."

Figures. They're at the bottom of just about everything. I hope Feds bust them for it. Of course, South Carolina didn't have any problem with act of terrorism in 1861 so who knows what could happen.

I find this whole thing fascinating because it comes from both sides. South Carolina wants to end the ACA for their own reasons while Vermont is also seeking to end their participation in the ACA so they can do statewide single payer. I imagine these cases will end up in the courts because if one state is let out of the ACA, it would be unfair to others.

The state legislature in South Carolina has fast tracked a bill that will ban the ACA in the state. It is expected to be signed before the first of the year. According to lawyers the way this is written it will be legal. Thoughts?

"This provision, according to Davis, comes from the anti-commandeering doctrine established in case law that says feds can’t compel states to enforce federal laws.

What the Supreme Court said in Printz v. United States is that states are not merely political subdivisions of the federal government to carry out what the federal government does; they are sovereign entities,” Davis said. “Congress can pass laws, but it cannot compel the states to utilize either their treasury or personnel to implement those federal laws.

Additional provisions of H3101 further neuter the Affordable Care Act by outlawing state exchanges, issuing tax deductions to individuals equal to the tax penalties levied by the federal government, and directing the state attorney general to sue over whimsical enforcement of the law. Taken together, the provisions effectively repeal the federal law for the people of South Carolina."